Delaware and Hoboken Climate Lawsuits Against Big Oil Belong in State Court, Third Circuit Rules

Five Federal Appeals Courts Have Now Handed Major Losses to Fossil Fuel Companies After the U.S. Supreme Court Ordered Expanded Review of Big Oil’s Arguments for Federal Jurisdiction

PHILADELPHIA — A pair of lawsuits filed by Delaware and Hoboken, New Jersey, seeking to hold major oil and gas companies — including ExxonMobil, Chevron, and BP — accountable for the cost of climate damages they knowingly caused should proceed in state court, the U.S. Court of Appeals for the Third Circuit ruled today. 

The Third Circuit decision marks the sixth consecutive time this year that a federal appeals court has rejected attempts by the oil industry to move one of the growing number of climate liability lawsuits filed in state court to federal court following a 2021 U.S. Supreme Court ruling. 

At least ten federal district courts have similarly ruled that climate accountability lawsuits filed in state court belong in state court  — “a batting average of .000” for the fossil fuel industry, in the words of one judge.  

In response, Richard Wiles, president of the Center for Climate Integrity, released the following statement: 

“This decision is a major victory for the people of Delaware and Hoboken, who deserve their day in court. 

“The polluters that spent decades lying about their products’ role in fueling the climate crisis are terrified of having to face consequences for their actions, and have tried desperately to avoid state court. But once again, appeals courts have batted down Big Oil’s attempts to escape accountability.”